Misconduct hearing over ‘chair incident’

EMPLOYMENT: Civil servant was pictured gagged and taped to a chair

A civil servant pictured gagged and taped to a chair is facing a disciplinary hearing.

Scottish Government fisheries officer Deeann Fitzpatrick, 50, claimed the image showed her being punished for speaking over racism and misogyny.

But it has emerged she is to face a gross misconduct hearing. If the allegation is proved, she could be sacked.

The Marine Scotland employee is accused of making “false statements” over “the chair incident” and colleagues.

She claimed she had been restrained, then bound and gagged by colleagues in December 2010 after “blowing the whistle” in September of that year.

But investigators say the picture was not taken when she said it was.

Electronic data embedded in the image confirms it was taken in August 2009, during what colleagues describe as typical “high jinks” at the office.

That was before Ms Fitzpatrick “blew the whistle” by claiming she had seen a male colleague try to throw a punch at a female worker in September 2010.

The Canadian-born fisheries officer, who lives in Caithness, is understood to be standing by her version of events.

Family members last year accused the Scottish Government of a “cover-up”.

First Minister Nicola Sturgeon said she was “absolutely horrified” by the picture when she saw it.

Speaking under oath at an employment tribunal in late 2017, Ms Fitzpatrick said: “I was taped to a chair by one of my colleagues and told ‘this is what happens if you speak out’.”

Two of her male colleagues were investigated by the police over assault and abduction allegations. But officers decided there was no evidence to suggest any crime had taken place.

Now, a senior human resources civil servant has written to Ms Fitzpatrick setting out the findings against her.

She is accused, among a catalogue of offences, of using “deception with the intention of obtaining personal gain and causing loss to others”.

Ms Fitzpatrick has been facing separate serious misconduct charges since 2015, including making false and malicious allegations against superiors and colleagues, and rude and inappropriate behaviour towards a member of the public. All the allegations have been folded into a single hearing.

When contacted, Ms Fitzpatrick’s legal firm, Thompsons Solicitors, said she had no comment.

A Scottish Government spokesperson said: “We do not discuss individual staffing matters.”

Scottish Government fisheries officer Deeann Fitzpatrick claims she was bound and gagged over “whistleblowing”.